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Test results: Johnson's blood alcohol level was .072
ESPN.com ^ | 7/2/07 | Unknown

Posted on 07/02/2007 3:31:19 PM PDT by NittanyLion

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To: samtheman
"I’m going to have to ticket you for very nearly speeding."

How about a ticket for low IQ driving?

21 posted on 07/02/2007 4:46:26 PM PDT by blam (Secure the border and enforce the law)
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To: Petronski
Our DUI law permits a finding of guilt for (a) BAC > .08 or (b) impairment in the opinion of the officer (weaving, field sobriety test failure, etc.).

I guess there's some logic in that. As others have stated, other drugs could impair a driver without a BAC. That said, I'd have a hard time finding someone guilty who had a BAC of less than the legal limit and no other drugs in his/her system.

22 posted on 07/02/2007 4:46:54 PM PDT by NittanyLion
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To: discostu
The “impairment to the slightest degree” stuff is generally there for non-alcohol stuff. Most drugs hang out in the bloodstream too long to be able to determine if the person was still under the effects, they also use it for fatigued drivers, and of course as a pile on for drunks.

Thanks for the explanation...

23 posted on 07/02/2007 4:49:32 PM PDT by NittanyLion
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To: NittanyLion

If I’m legally drunk then what’s the problem :-) I’m sure this is just the slippery slope for any alcohol in your system while driving is illegal. Sort of how The Great American Smokeout and smoke bans in government buildings now lead to smoke bans in your own apartment and car.


24 posted on 07/02/2007 4:55:33 PM PDT by rabidralph
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To: NittanyLion
"impairment to the slightest degree"

Sort of like "I shall fart in your general direction".

25 posted on 07/02/2007 6:11:51 PM PDT by glorgau
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To: NittanyLion

IF slight impairment is the benchmark in Arizona for an arrest it is surprising that John McCain is not arrested every day on felony impairment charges. Just goes to show that there is one set of laws for NFL football players and another for impaired members of that august body known as the US Senate.


26 posted on 07/02/2007 6:15:38 PM PDT by jwalsh07
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To: AppyPappy
Yep. Approximately one drink's worth every hour. Of course, the amount of that 'drink's worth' depends on your body weight. (The higher the body weight, the less the change.)

It takes about 45 minutes to reach a postabsorbtive state, where BAC maxes out and the alcohol is evenly distributed in the body. Many states have provisions for DUI even though the BAC is lower than legal thresholds.

A lot depends on the driver's attitude toward the police,

27 posted on 07/02/2007 6:33:09 PM PDT by Smokin' Joe (How often God must weep at humans' folly.)
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To: NittanyLion

Why do they continue to persecute Tank Johnson? He had too many guns? Some were not licensed? Is that all? Has he gone around shooting people like Pacman Jones’ posse? No. So what gives? Why the jihad against him?


28 posted on 07/02/2007 6:34:20 PM PDT by montag813
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To: Smokin' Joe

I know a guy who blew a .02 and got a DWI. He couldn’t pass the sobriety tests because he was hammered on Benedryl.


29 posted on 07/02/2007 6:44:54 PM PDT by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
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To: AppyPappy
Impaired is impaired. However, that much Benadryl in someone's system (again depending on how it affects them--it might not take much), indicates something else is going on there. If they needed it, they have another more serious problem, if not, well, they have a problem.

Lots of things could give similar appearances (and even odors) to being drunk, some of them serious medical conditions.

A friend who had a stroke was shunted aside in the ER lineup for hours as an 'assumed' drunk. (Former Deputy Sheriff, Volunteer Firefighter, great guy who rarely drank at all--none that night.) The brain stem stroke did not kill him, but he is a quad now.

Hopefully, the police are getting training to recognize the possibility of medical problems when the BAC (screening or breath test) comes back all wrong.

30 posted on 07/02/2007 6:58:03 PM PDT by Smokin' Joe (How often God must weep at humans' folly.)
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To: ABG(anybody but Gore); akorahil; albee; A message; andyland; Argh; b4its2late; BADROTOFINGER; ...

NFL PING

FReepmail scott says to be added to, or to be taken off the NFL Ping list...
This is a fairly high volume ping list

31 posted on 07/03/2007 3:57:43 AM PDT by mainepatsfan
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To: montag813
Why do they continue to persecute Tank Johnson? He had too many guns? Some were not licensed? Is that all? Has he gone around shooting people like Pacman Jones’ posse? No. So what gives? Why the jihad against him?

Sadly, it's because he is black, wears a lot of "bling", and otherwise looks like like he should be guilty of something. Basically, the guy was arrested twice for activity that is not criminal in at least 47 states, and for going 40 in 25 mph zone. He must be stopped!

Why does the Monty Python "She's a Witch" scene from the Holy Grail come to mind.

32 posted on 07/03/2007 7:41:24 AM PDT by Texas Federalist (Fred!)
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To: NittanyLion
"impairment to the slightest degree"

Uniform language in every state since about 1993.

The purpose of the field sobriety tests is to provide evidence to convict even if the perpetrator / victim tests out below the illegal per se limit.

Most people don't realize that while we can still purchase booze in this country, we just can't risk consuming it or transporting it - anywhere.

We have de facto prohibition. Thank you, MADD.

33 posted on 07/03/2007 7:53:00 AM PDT by elkfersupper (M)
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To: Smokin' Joe

I hope he owns himself a hospital now.


34 posted on 07/03/2007 9:25:21 AM PDT by Still Thinking (Quis custodiet ipsos custodes?)
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To: elkfersupper

My favorite is how they got Bill Klinton to support lowering the federally supported BAL (probably some body fluids changed ‘hands’ I assume), then they claim in their fundraising that “drunk driving has increased xx%”. Ought to be in jail for fraud, right next to the people who claimed obesity was up after IT was redefined.


35 posted on 07/03/2007 9:28:30 AM PDT by Still Thinking (Quis custodiet ipsos custodes?)
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To: NittanyLion
Under Arizona law, Johnson could still face a charge for "impairment to the slightest degree."

So the Governor of Arizona walks out of his house, gets in his car, and is arrested by a disgruntled cop who detects the smell of alcohol on his breath (mouthwash has alcohol) leading him to charge the Governor with "impairment to the slightest degree." What a Fascist law.

36 posted on 07/03/2007 10:46:27 AM PDT by Frank Sheed (Fr. V. R. Capodanno, Lt, USN, Catholic Chaplain. 3rd/5th, 1st Marine Div., FMF. MOH, posthumously.)
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To: NittanyLion

Sounds kinda “Double Secret Probation-y” to me.


37 posted on 07/03/2007 10:47:33 AM PDT by dfwgator (The University of Florida - Still Championship U)
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